SHIV KUMAR SINGH Vs. RISHIRAJ SINGH

JUDGEMENT

(1.) THE petitioner has filed this petition assailing the legal validity of the order dated 23-4-2007, passed by the S.D.O., Teonthar, District Rewa, the Election Tribunal, in Case No. 10-A-89/2004-05, dismissing the election petition filed by the petitioner against the election of respondent No. 1 as Sarpanch of Gram Panchayat Rakshakala, Janpad Panchayat and Tehsil Teonthar, District Rewa.

(2.) THE brief facts leading to filing of the present petition are that the elections for the post of Sarpanch were notified by the State Government and pursuant thereto nomination papers for contesting the election for the post of Sarpanch of Gram Panchayat Rakshakala were filed by the parties as well as other candidates on 23-12-2004. THE voting was held on 23-1-2005 and the result of the election after counting was declared on 28-1-2005. THE respondent No. 1 was declared as the returned candidate as he had secured 24 votes more than the petitioner.

(3.) IT is submitted that the Election Tribunal, while dismissing the election petition filed by the petitioner, has failed to take into consideration the aforesaid aspects and has, therefore, committed material irregularity and manifest illegality in dismissing the petition and, therefore, the impugned order passed by the Election Tribunal, dated 23-4-2007 be quashed. In addition, the learned Counsel for the petitioner submits that the petitioner, having secured second highest votes in the election, be declared elected consequent upon quashing of the election of the respondent No. 1.